(For references to laws see the table at the end of Index.)
Stay-of garnishee's action, 640 (2).

of proceedings to cancel judgment of co-ordinate court, 258 (4).
Stipulation-declaring appointment of executors, 451 (1).
for admission of deposition in criminal case, 288 (1).
in insurance policy; application of, 131 (3, 5).
mandamus to enforce stipulation, 595.

as to payment of premium note, 188 (3).
between parties binding when lawful, 289 (4).
Stockholder-in bank, non-resident; his liability, 557 (1-3).
right of stockholder to withdraw from agreement, 83.
Street-railway; negligence in driving upon, 402 (1).
Striking out- - plea to jurisdiction from files, 522 (3).
refusal to strike out impeaching testimony, 49.
Subrogation to additional security; release. 552 (4).
Summons-alias summons in garnishment, 639 (1, 2).
service by copy against absent defendant, 394 (2).
to show cause in garnishment, 394 (3).
Sunday-keeping saloons closed, 566 (1, 2), 577.

Supervisor-estopped from objecting to amount of tax after levying it, 32.
his duty in levying highway taxes, 509 (1).
warrant, for collection of excessive tax, 504.
application for division of township, 517 (1-3).
claims for sheriff's fees, 340 (1, 3, 4).

cannot delega'e duty of auditing accounts. 340 (5).

entitled to certificate of amount due school district, 344.

mandamus to compel payment of county debts, 16 (1).

valuation of property a judicial act, 28 (1).

Support-suit against husband for maintenance, 117 (3).

Surviving partner-cannot sue on cause of action arising after dissolu-
tion, 14.

Suspension-of provision in insurance policy, 189 (5).

Talesmen-challenge of jurors disqualified to be talesmen 584 (2).
Taxation-of costs; special exceptions to, 474 (4).

of witness fees as costs, 474 (3).

TAXES.

1 Logs cannot be taxed in the township where they are temporarily
left afloat for sawing if the firm to which they belong has its place
of business in another township and the partners live elsewhere.
Torrent v. Yager, 506.

2 The listing of taxable property is clerical work; but the ascertain-
ment of its value is judicial, and requires the supervisor's judgment
under his official oath. How. St. § 1019 Woodman v. Aud. Gen., 28.
8 Every taxpayer was entitled, under How. St. § 1020, to an oppor-
tunity to see how his property had been assessed and to show that
the assessment was illegal or unjust. Id.

4 Goods assigned for the benefit of creditors are exempt from levy to
satisfy a personal tax during the ten days allowed to the assignees
for filing their bond. Act 198 of 1879, sec. 1. Lyon v. Harris, 272.
5 A township treasurer is not liable in trover, or in any action of tort,
for enforcing the collection of an excessive tax, if his warrant there-
for from the supervisor is fair on its face. Byles v. Genung, 504.
6 An action by a city for unpaid taxes on personal property will not
lie, except so far as specially provided for, if provision is already
made by the city charter for a specific remedy, such as collection
by process from the receiver of taxes and by levy on any personal
property within the city. Detroit v. Jepp, 458.

7 The Charter of Detroit, in providing that city taxes shall be liens

upon the property assessed, until paid (Act 486 of 1869: Charter
ch. v. sec. 22, subd. 64), did not mean that the lien should attach to
personal property. Lyon v. Harris, 272.

8 Injunction lies to restrain the collection of taxes where the oppor-
tunity to ascertain the amount of the assessment, and to be heard
Woodman v. Aud. Gen., 28.
as to its fairness has been withheld.
9 Payment of a personal tax is not voluntary when made under pro-
test, and for the purpose of avoiding the immediate seizure of goods
to satisfy it. Lyon v. Harris, 271.

10 The General Tax Law (1 How. St. p. 1277, sec 42), in providing for
written protest upon payment of a tax, refers only to taxes on real
property. Id.

11 Where an insolvent firm has assigned its stock for the benefit of
creditors, a personal tax against the firm cannot be satisfied from
the stock in the hands of the assignee upon any other terms than
any other claim; and if the assignee pays the tax under protest in
order to avoid seizure of the stock, he can bring suit against the
officer collecting it, to recover it back, so long as it remains in the
officer's hands. Id.

assumpsit for amount of tax levied by plaintiff, 32.

interpleader for amount of township drain taxes, 159 (1).

mandamus to compel township to refund tax, 612 (2).

taxes on specific parcels, for drains, constitute distinct funds, 159 (3).
right to tax title taken to protect a mortgage, 22 (2).

taxes levied for highway rates by town board, 509 (1).

Tenant-at sufferance; one who holds over, 37 (2).

See LANDLORD AND TENANT.

TENDER.

Tender by defendant of an amount actually due is not an admission
of indebtedness to a larger amount claimed by plaintiff. Kennedy
v. Nims, 153.

tender back of goods that do not fulfil warranty, 602 (3).

delay in tendering back unsatisfactory goods, 602 (4).

Terms-in declaration; construction of general expressions, 196 (2).
of labor contract; power to make; evidence, 45 (1, 2).
of transfer of contract; parol agreement as to, 76 (1).

Testamentary-capacity; evidence, 347 (6); 478.

Testator-issue as to competency or undue influence, 347 (6); 478.
Threats by person prosecuted for murder, 616 (2).

Time-during which garnishee's action is restrained, 640 (2).
during which goods are exempt from levy, 272 (3).

for filing atidavit for mechanic's lien, 324 (4).

time for filing plea to the jurisdiction, 522 (3), 523 (4).

time for giving notice of application to divide town, 517 (3).
time for issue of execution, 641 (2).

time for payment of paper, 525.

time for service on principal defendant, 640 (1).

time for testing goods sold with warranty, 602 (1, 2, 4).

time of service of summons against absentee, 394 (2).

time of taking effect of amended judgment, 529 (2).
omission to sue on a policy for a stated interval, 189 (5).
time when interest of posthumous child vests, 18 (2).
when objection must be taken to charge, 215 (11).

when prosecution for adultery must be instituted, 570 (5).
time within which demand note is payable, 415 (4).

Title-acquired by purchaser of goods exempt from execution, 1 (2).
title conveyed by sale by minor child, 615.

title in equity covered by vendor's lien, 77 (2).

title of assignee to debt secured by mortgage, 124 (3).

title of vendor; mistake as to, as ground for rescission, 100.
right to tax-title taken for protection of mortgage, 22 (2).

title to chattel interest in down timber, 365 (2).

title to land; not cognizable by justice of peace, 50 (2).

title to school-house site not to be disturbed for technicalities, 314 (2).
transfer by debtor to preferred creditor, 174 (1, 8).
Tort-collection of tax by town treasurer not a tort, 504.

measure of damages same as in action on contract, 633 (3).

Township-board; meetings without notice, 528.

clerk; mandamus to obtain certificate as to funds, 344.
interpleader for amount of drain taxes, &c., 159 (1).
liability for injury from defective bridge, 383 (1).
liability for security of public bridges, 146 (1), 147 (2, 7).
liability to one wrongfully taxed, 612 (3).

mandamus to refund tax unlawfully levied, 612 (2).
money taxes and labor rates for highway, 509 (1), 510 (2–4).
township moneys do not include drain taxes, 159 (3).
notice of application for division of townships, 517 (1, 3).
township orders, equivalent to money, 612 (4).
settlement with county; payment of balances, 16 (1-3).
treasurer not liable in tort for collecting tax, 504,
logs not taxable in township where sawed, 506 (1).
Treasurer-not liable in tort for collecting town tax, 504.
of county, cannot audit accounts for supervisors, 340 (5).
of township; his position and duty, 612 (3).

TRESPASS.

1 In a declaration in trespass quare clausum allegations of trespass to
the person, and of conversion, may be inserted as matters of aggra-
vation. Waldo v. Waldo, 94.

2 In an action of trespass for the improper seizure of property belong-
ing to an estate but at the time in the peaceable possession of plain-
tiff, a question as to whether the plaintiff had not converted property
belonging to the estate after the owner's death, was immaterial. Id.
3 The relation of landlord and tenant is material and must be shown
in an action of trespass brought by the tenant for the removal of his
goods by the landlord if the plaintiff counts upon the relation as still
subsisting and a constituent fact. U. S. Mnfg. Co. v. Stevens, 331.
trespass for encroachments; where it does not lie, 50 (1).

for personal injury done by servant, 402 (2).

for seizure of goods under attachment, 61 (3).

on another's land in performing contract, 435 (4).
TRIAL.

1 Mandamus does not lie to enforce a disputed stipulation to settle a
case, even though money has been paid thereunder. The parties to
the stipulation are entitled to have the fact as to the settlement tried
on a regular issue before a jury; and if the validity of the stipula-
tion is contested it should be brought into the case by plea and not
by motion. Leavitt v. Detroit Superior Judge, 595.

2 A trial court cannot interfere with a lawful stipulation which the
parties enter into presumably for their own advantage. People v.
Murray, 189.

3 Mere general objections to evidence need not be noticed unless the
true point of the objection is plain. Stevens v. Hope, 66.

4 A request to charge is properly refused if unsupported by testimony.
Rasch v. Bissell, 456.

5 A request to charge must be founded upon testimony in the case, or
it is not error to refuse it. Smith's Appeal, 415.

6 A jury was instructed that their answers to special questions must
conform to their general verdict or they would overrule it. Held,

that if this was misleading as giving the general verdict precedence
it was too late to object to it after the jury had retired and when the
judge could not correct it. Maclean v. Scripps, 215.

7 Jurors cannot ordinarily take books, papers and depositions with
them to the jury-room. But the irregularity of permitting it is
waived by failing to object thereto. Chadwick v. Chadwick, 545.
8 A justice of the peace has no right to go alone into the jury room to
advise the jury, even at their request, unless the parties or their
counsel consent. Galloway v. Corbett, 460.

9 Facts cannot be considered established by the finding of a jury, if
the finding was based on improper testimony and an erroneous
charge. Fairbanks v. Bennett, 61.

10 An instruction to a jury to answer the special questions put to them,
keeping in mind that the answers should be consistent with their
general verdict, though carelessly expressed, is not necessarily open
to the criticism that it requires the jury to conform the findings to
the verdict; it may simply mean that the verdict should be in accord
with the facts as found. People v. Murray, 489.

11 Where a jury answered a special question by saying they had no
means of knowing, and that they did not know from the evidence,
and afterwards answered simply that they did not know, and court
and counsel treated the answer as a negative, it was so treated in the
appellate court. Maclean v. Scripps, 215,

12 A general verdict was given for the plaintiff in a libel suit based on
the republication of statements already published in Canada, and
affecting the reputation of plaintiff, who was a professor in the Uni-
versity of Michigan. The jury were then asked specially whether
the publication had been made because the charges had been pub-
lished generally in Canadian papers, injuriously affecting, in plain-
tiff's opinion, the best interests of the University, and for the purpose
of calling attention thereto as a matter of public duty, and in order
that there might be a public investigation by the regents of the Uni-
versity. The jury answered, as to previous publication,
We say,
not generally to his knowledge, the evidence only going to show he
had seen the two Tilsonburg papers"-and as to the purpose of the
republication they answered negatively. They afterwards answered
the whole question in the negative. Held, that the answers were
legally identical. Id.

exclusion by court of unfit persons from jury, 506 (2).

improper question to witness, 425 (2).

indefinite exceptions to charge to jury, 56 (1).

objection to evidence as inadinissible under the pleadings. 26 (2).

trial of issues on bill to annul a marriage, 429 (1).

of questions of fact on motion to dissolve attachment, 164 (2).

refusal to strike out impeaching testimony, 49.

request for instruction that there is no evidence, 563 (2).

TROVER.

The rule that one who has taken part in the conversion of timber may
be held as a joint wrong doer with any one who thereafter does
anything in pursuance of such conversion, does not prevent the
Statute of Limitations from running in favor of one who took such
part without any knowledge that any wrong was intended, and did
not participate in subsequent acts of conversion. Knisely v. Stein,
880.

does not lie against officer for collecting tax, 504.

for stock contributed to corporate scheme, 83.

TRUSTS.

1 An insolvent firm made an absolute warranty deed of its business
and other property to its principal creditor. The latter conveyed it

in trust to certain persons to be managed for his sole benefit, and
empowered them to carry on the business, buy property, borrow
money, sell lands and personalty and exercise other powers not in-
herent in mortgage relations. But at the same time the creditor
and the trustees together executed a declaration of trust in favor of
the firm, whereby, after the trust should be satisfied, the remainder
of the property was to be conveyed to it. Held that as between
these parties this arrangement established a trust, and not merely a
mortgage, relation, and that it placed the creditor under fiduciary
obligations to the debtor. Loud v. Winchester, 174.

2 A discretion confided to trustees jointly cannot be independently
exercised by one of them so as to ignore another, even with the con-
sent of others who, with him, would constitute a majority. Id
3 Trustees must not receive from their employment personal benefits
that are not provided for in the trust; as e. g. by receiving special
compensation for supervising transactions connected with the busi-
ness confided to them, but unauthorized by the trust. Id.

4 Strict performance of trust duties may be waived; but such waiver
in the past and in the case of completed transactions will not justify
or excuse subsequent laxity that has not been authorized or ap-
proved. Id.

5 Beneficiaries under a trust have the right at all times to be kept
informed by the trustees as to its management. Id.

6 Under a bill for an accounting by trustees any testimony that throws
light on their management of the trust bears directly on the per-
formance of their duty to keep the beneficiaries informed; and
proof of misconduct and misappropriation by them is admissible
whether anticipated and charged in the bill or not. Id.
delivery of assignment of contract, 76 (1).

fiduciary relations ground for bill for accounting, 157.

Undue influence-on testator; right to raise such an issue, 347 (6); 478.
Unpaid purchase money-lien for, not lost by sale, 1 (2).

Usage-as to place of leaving railroad car, 606 (2).

Use and occupation-declaration in action for may be general or special,
630 (3).

evidence under general issue to common counts, 630 (2).

Uttering-forgery, differs from forgery, 627.

Vacating-order setting aside execution sale, 641 (2).

Validity-of stipulation; issue as to, 595.

Valuation-of property a judicial act, under oath, 28 (1).

Value-of goods not delivered according to bill of sale, 491 (1).

of sheriff's lien on attached goods, 529 (1).

Variance-from bill of sale; vendor's liability, 491 (1, 2).

in action on contract, 435 (2).

in caption of demurrer in name of court, 324 (1).

in suing as surviving partner for subsequent cause, 14.

Vendor and purchaser-liability for variance from bill of sale, 491 (1, 2).
mistake as to title as ground for rescission, 100.

property sold without right; attachment, 610.
purchases of goods exempt from execution, 1 (2).
vendor's right to lien covers equitable title, 77 (2).
Venue-want of venue in affidavit of service, 304 (3).
Verdict-cannot be disturbed on issue of fact, 172.
conformity of special to general verdict, 215 (6, 11).
in conformity with answers to special questions, 289 (5).
in criminal cases; exceptions before judgment, 565 (2).
on undisputed testimony, 456 (2).